Musicians' General (State) Award 1985

1. – TITLE

This Award shall be known as the Musicians' General (State) Award 1985 and replaces the Musicians' Award 1972 insofar as that Award relates to employees and employers covered by this Award.

2. – TERM

This Award shall operate for a period of twelve months from the date hereof.

1B. - MINIMUM ADULT AWARD WAGE

(1) No employee aged 21 or more shall be paid less than the minimum adult award wage unless otherwise provided by this clause.

(2) The minimum adult award wage for full-time employees aged 21 or more is $692.90 per week payable on and from the commencement of the first pay period on or after 1 July 2016.

(3) The minimum adult award wage is deemed to include all State Wage order adjustments from State Wage Case Decisions.

(4) Unless otherwise provided in this clause adults employed as casuals, part-time employees or piece workers or employees who are remunerated wholly on the basis of payment by result shall not be paid less than pro rata the minimum adult award wage according to the hours worked.

(5) Employees under the age of 21 shall be paid no less than the wage determined by applying the percentage prescribed in the junior rates provision in this award to the minimum adult award wage.

(6) The minimum adult award wage shall not apply to apprentices, employees engaged on traineeships or Jobskill placements or employed under the Commonwealth Government Supported Wage System or to other categories of employees who by prescription are paid less than the minimum award rate, provided that no employee shall be paid less than any applicable minimum rate of pay prescribed by the Minimum Conditions of Employment Act 1993.

(7) Liberty to apply is reserved in relation to any special category of employees not included here or otherwise in relation to the application of the minimum adult award wage.

(8) Subject to this clause the minimum adult award wage shall –

(a) Apply to all work in ordinary hours.

(b) Apply to the calculation of overtime and all other penalty rates, superannuation, payments during any period of paid leave and for all purposes of this award.

(9) Minimum Adult Award Wage

The rates of pay in this award include the minimum weekly wage for employees aged 21 or more payable under the 2016 State Wage order decision. Any increase arising from the insertion of the minimum wage will be offset against any equivalent amount in rates of pay received by employees whose wages and conditions of employment are regulated by this award which are above the wage rates prescribed in the award. Such above award payments include wages payable pursuant to enterprise agreements, consent awards or award variations to give effect to enterprise agreements and over award arrangements. Absorption which is contrary to the terms of an agreement is not required.

Increases under previous State Wage Case Principles or under the current Statement of Principles, excepting those resulting from enterprise agreements, are not to be used to offset the minimum wage.

(10) Adult Apprentices

(a) Notwithstanding the provisions of this clause, an apprentice, 21 years of age or more, shall not be paid less than $593.90 per week on and from the commencement of the first pay period on or after 1 July 2016.

(b) The rate paid in the paragraph above to an apprentice 21 years of age or more is payable on superannuation and during any period of paid leave prescribed by this award.

(c) Where in this award an additional rate is expressed as a percentage, fraction or multiple of the ordinary rate of pay, it shall be calculated upon the rate prescribed in this award for the actual year of apprenticeship.

(d) Nothing in this clause shall operate to reduce the rate of pay fixed by the award for an adult apprentice in force immediately prior to 5 June 2003.

2A. - STATE WAGE CASE PRINCIPLES - SEPTEMBER 1989

It is a term of this Award that the Union undertakes for the duration of the Principles determined by the Commission in Court Session in Application No. 1940 of 1989 not to pursue any extra claims, award or over award except when consistent with the State Wage Principles.

3. - AREA AND SCOPE

This Award shall operate throughout the State of Western Australia and shall apply to Musicians employed in the classifications designated in Clause 7. - Wages of this Award in the Musical and Entertainment industries as carried on by the respondents. Without limiting those industries the Musical and Entertainment Industries shall include; Hotels, Taverns, Balls, Dances, Dancing Schools, Socials, Fashion Parades, Retail Store Promotions featuring musicians appearing in person, Restaurants, Cabarets, Winehouses, Social Clubs, Sporting Clubs, Theme Parks, Festivals, Ships and Ferries together with any form of public entertainment of whatever type wherein musicians are employed but expressly excluding the following:

(1) Opera, Ballet and Classical Concerts

(2) Musical Theatre

(3) Recording, Television, Film, Video, Broadcasting and the production of Jingles.

4. – ARRANGEMENT

1. Title1B. Minimum Adult Award Wage2. Term2A. State Wage Case Principles - September 19893. Area and Scope4 Arrangement5 Definitions6 Contract of Service7 Wages8 Overtime and Special Rates9 Duration of Calls10. Allowances11. Holidays and Annual Leave12. Bereavement Leave13. Absence Through Sickness14. Travelling15. Time and Wages Record

16. Right of Entry17. No Reduction18. Rest Breaks19. Payment of Wages20. Piano21. Recording or Transmission of Performances22. Long Service Leave23. Safe Storage Of Instruments24. Uniforms25. Liberty To Apply

Appendix - Resolution of Disputes RequirementSchedule "A" List Of Industries And RespondentsAppendix - S.49B - Inspection Of Records Requirements

5. – DEFINITIONS

"Weekly Employee" - means an employee engaged for 6 or more calls per week for the same employer for at least two consecutive weeks. The term also includes an employee whose period of continuous employment includes in addition to two or more complete weeks, a part of a week.

"Regular Part-time Weekly Employee" - means an employee engaged from two to five calls per week (inclusive) for the same employer for at least two consecutive weeks. The term also includes an employee whose period of continuous employment includes in addition to two or more complete weeks, a part of a week.

"Casual Employee" - means an employee engaged otherwise than as a weekly or regular part-time weekly employee.

"Call" - means an engagement for either a performance or rehearsal.

"Principal" - in any group of eight or more musicians means the following:

(1) the leading player of any group of two or more players of identical instruments; and

(2) where there is only one player of an instrument the player of that instrument;

(3) the player of any other instrument which custom, usage and tradition regards as a principal instrument.

"Specialty Work" - means work done in, or in connection with, entertainment provided by famous artists.

"Leader" - means a musician who plays and supervises other musicians in the execution of their duties.

"Union" - means the Musicians Union of Australia, Perth Branch, (Union of Employees).

"Musical Director" - means a musician required to perform the duties of a musical director.

"Musician" - means a person who is an instrumental performer or who receives remuneration for any service which is directly connected with live music, or the production of musical sound, such as Librarian looking after music and/or records in connection with a band or orchestra of professional performers, arrangers, copyists of music, composers of music, singers, vocalist who regularly sings as an integral part of a band, conductors of instrumentalists, conductors of singers, musical producer, musical co-ordinator, balancing officer of music or a musical sound mixer employed as an integral part of a band or orchestra of professional performers.

6. - CONTRACT OF SERVICE

(1) (a) Weekly Employees - The contract of service shall be by the week and such contract shall be terminated by one week's notice by either party or payment of one week's wages in lieu thereof.

(b) Regular Part-time Weekly Employees - The contract of service shall be by the week and such contract shall be terminated by one week's notice by either party or payment of one week's wages in lieu thereof.

(c) Casual Employees - At least 96 hours notice of the cancellation of or inability to fulfil a casual call shall be given by either party failing which the wages for the call shall be paid or forfeited.

(2) An employer is entitled to deduct payment for any day or portion of a day on which a worker cannot be usefully employed because of any strike or any breakdown of the employer's machinery or through any stoppage of work by any cause which the employer cannot reasonably prevent.

(3) Notwithstanding anything contained elsewhere in this Award, a worker may be dismissed without notice for misconduct.

(4) Where an employee is unable, otherwise than by way of sickness, to attend any call, he shall arrange for a deputy approved by the employer to take his place. Notwithstanding anything contained elsewhere in the Award a deputy shall be paid the same rates as the absent employee would have been paid had he attended for duty. If no suitable deputy is arranged, the employee shall be subject to forfeiture of wages equal to the time of such non attendance. The Employer shall not unreasonably withhold approval of a deputy.

7. – WAGES

(1) The minimum rates of wages payable to employees engaged under this Award shall be as follows:

A WEEKLY EMPLOYEES: (with a minimum payment of 3 hours for each call worked)

Required to Accompany

ArtistRate Per

Hour$

Total (Includes ASNA)Rate Per

Hour$

Not required to Accompany

ArtistRate Per

Hour$

Total (Includes ASNA)Rate Per

Hour$

(a) rank and file musician 19.37 36.56 18.45 35.59

(b) leader in duo 23.25 40.66 22.14 39.49

(c) leader in trio or larger 25.82 43.37 24.59 42.07

(d) musician performing alone 22.76 40.14 21.68 38.99

(e) principal musician 22.28 39.63 21.22 38.52

(f) musician not otherwise provided for 19.37 36.55 18.45 35.58

(g) musical director 29.06 46.79 27.68 45.34

The rates of pay in this award include arbitrated safety net adjustments available since December 1993, under the Arbitrated Safety Net Adjustment Principle.

These arbitrated safety net adjustments may be offset against any equivalent amount in the rate of pay received by employees since 1 November 1991 above the rate prescribed in the Award, except where such absorption is contrary to the terms of an industrial agreement.

Increases in rates of pay otherwise made under the State Wage Case Principles, excepting those resulting from enterprise agreements, are not to be used to offset arbitrated safety net adjustments.

B REGULAR PART-TIME WEEKLY EMPLOYEES:

Regular part-time weekly employees shall receive 10% in addition to the rates provided for in subclause (1)A of this clause with a minimum payment of 3 hours for each call worked.

C CASUAL EMPLOYEES:

Casual employees shall receive 20% in addition to the rates provided for in subclause (1)A of this clause with a minimum payment of 3 hours for each call worked.

(2) Employees engaged in specialty work shall receive 66 2/3% in addition to the rates prescribed in subclause (1) of this clause with a minimum payment of 3 hours for each call worked.

(3) Where the Union and the employer agree that for a special reason rates and/or condition different from those prescribed should be accepted by an employee then such other rates or condition may be agreed upon.

8. - OVERTIME AND SPECIAL RATES

(1) All time in addition to the first three hours of a call but worked between 7.00 am and midnight shall be paid for at one and a half times the rate prescribed by Clause 7. - Wages of this Award.

(2) All time worked on Sundays and Public Holidays shall be paid for at double the rates prescribed by Clause 7. - Wages of this Award. Notwithstanding anything elsewhere provided for in this Award, an employee engaged on a Sunday or Public Holiday may be engaged and paid for two hours.

(3) All time worked between the hours of 12.00 midnight and 7.00 am shall be paid for at double the rates prescribed by Clause 7. - Wages of this Award.

(4) The third and subsequent calls in any 24 hour period shall be paid for at double the rates prescribed by Clause 7. - Wages of this Award.

9. - DURATION OF CALLS

(1) Calls shall not exceed three hours duration without payment of overtime as prescribed by Clause 8. - Overtime and Special Rates of this Award.

(2) A call shall be deemed to commence at the time notified by the employer to the employee as the commencement time or if no such time be notified, to have started at the time advertised for the commencement of the call but in either case, if all members of the orchestra are not present and ready to start at such time, the call shall be deemed to commence only when the orchestra actually starts playing.

(3) A new call shall be deemed to have commenced if either of the following circumstances occur:

(a) There is a change of audience in the venue where the musicians are engaged; or

(b) Musicians are required to resume playing after a break of more than ninety minutes where such break is called by the employer. (See also Liberty to Apply.)

10. – ALLOWANCES

Musicians engaged under this Award shall be paid the following allowances in addition to the rates elsewhere prescribed.

(1) Musician required to sing: $2.40 per call

(2) Doubling

(a) Specialty work $6.50 per instrumentper call

(b) Other work $3.79 per instrumentper call

(3) Musician required to supply own music:

(a) weekly or regular part- time weekly employee $5.73 per week

(b) casual employee $1.91 per call

(4) Supply and upkeep of Harp:

(a) weekly or regular part- time weekly employee $8.00 per week

(b) casual employee $1.20 per call

(5) Musician required to supply a PA system:

(a) PA of 0 - 100 Watts output $4.44 per call

(b) PA in excess of 100 Watts output $8.88 per call

(6) Cartage of bulky instruments: $5.00 per call

(7) Meals:

Where a call extends to four hours or more and meals are served as to patrons on the premises or at the place where the call is being carried out, meals of the type served to such patrons shall be provided to the musicians free of charge or, in lieu thereof the musician shall be entitled to the sum of $3.89. No deductions from any of the payments prescribed by this Award shall be made for meals supplied by the employer.

11. - HOLIDAYS AND ANNUAL LEAVE

(1) (a) The following days will be allowed as holidays without deduction of pay, namely New Year's Day, Australia Day, Good Friday, Easter Monday, Anzac Day, Foundation Day, Labour Day, Sovereign's Birthday, Christmas Day and Boxing Day.

(b) Where an employee is required to work on any day prescribed by sub-clause (1) (a) of this clause, such employee shall be paid at the rate prescribed by Clause 8. - Overtime and Special Rates.

(c) Where any of the days observed as a holiday in this clause falls during a period of annual leave the holiday or holidays shall be observed on the next succeeding work day or days as the case may be after the completion of that annual leave.

(2) Except as hereinafter provided, a period of 4 consecutive weeks leave shall be allowed annually to each weekly or regular part-time employee by his employer after a period of 12 months continuous service with that employer.

(3) Prior to commencing any period of annual leave, each eligible employee shall be paid for that period of leave as follows:

(a) At the rate of pay the worker would have received had he not proceeded on leave, including overtime, special rates and allowances, provided that:

(i) where the employee, for the greater proportion of the calendar month prior to taking annual leave, performs work which carries a higher rate than that which the employee usually performs, the rate of the pay payable at the higher rate shall be deemed to be the rate of pay the employee would have received had he not proceeded on leave.

(ii) where it is not possible to calculate the overtime, special rates and allowances the employee would have received, the employee shall be paid at the rate of the average of such payments over the 4 weeks prior to taking the leave.

(iii) where the employee receives travelling allowances or any other allowances payable to the employee for expenses incurred in the normal course of employment, these shall not be deemed to be payable as allowances for the purpose of payments in respect of annual leave.

(4) After two weeks continuous service in any qualifying 12 month period an employee whose employment terminates shall, subject to the provisions of sub-clause (5) of this clause, be paid one third of a week's pay at his customary rate of pay as prescribed by sub-clause (3) (a) of this clause in respect of each completed month of service in that qualifying period.

(5) Where an employee is justifiably dismissed for misconduct during any qualifying twelve month period, the provisions of sub-clause (4) of this clause do not apply in respect of any completed month of service in that qualifying period.

(6) In special circumstances, and by mutual consent of the employer, the employee and the Union concerned, annual leave may be taken in no more than two periods with the minimum period being not less than one week.

(7) An employee shall be given at least two weeks notice that he is to take his annual leave.

(8) The provisions of this clause shall not apply to casual workers.

12. - BEREAVEMENT LEAVE

(1) When it is necessary for an employee to be absent from his employment for the purpose of attending a funeral or arranging therefore, an eligible employee shall be entitled to a maximum of two days leave at customary pay as prescribed on each occasion and on the reproduction of satisfactory evidence of the death of the employee's wife, husband, father, mother, grandmother, grandfather, brother, sister or child and father and mother-in-law. Wife or husband referred to in this clause shall include defacto wife or husband. (See also Liberty to Apply.)

(2) Provided that payment in respect of bereavement leave is to be made only where the employee would otherwise have been at work and shall not be granted in any case where the employee concerned would not have been working as on annual leave, sick leave and workers' compensation.

(3) This clause does not apply to casual workers.

13. - ABSENCE THROUGH SICKNESS

(1) An employee who is unable to attend or remain at his place of employment during the customary hours of work by reason of personal ill health or injury shall be entitled to payment during such absence in accordance with the following provisions:

(a) Entitlement to payment shall accrue at a rate of one-sixth of a week for each completed month of service with the employer. Payment for absence through such ill health or injury shall be limited to 2 weeks in each calendar year.

(b) Payment shall be made on the basis of an employee's customary pay had he not been absent from work due to sickness or injury.

(c) If in the first or successive years of service with the employer the employee is absent on the grounds of ill health or injury for a period longer than his entitlement to paid sick leave, payment may be adjusted at the end of that year of service, or at the time the employee's services terminate, if before the end of that year of service, the employee has become entitled to further paid sick leave during that year of service.

(d) This clause shall not apply where the worker is entitled to compensation under the Workers' Compensation Act nor to employees whose injury or illness is the result of the employee's own misconduct.

(2) Sick leave shall accumulate from year to year so that any balance of the period specified in sub-clause (1) of this clause which has in any year not been allowed to an employee by his employer as paid sick leave may be claimed by the employee and, subject to the other provisions of this clause, shall be allowed by his employer in any subsequent year without diminution of the sick leave prescribed in respect of that year.

(3) No employee shall be entitled to the benefits of this clause unless he produces proof satisfactory to his employer of sickness, but the employer shall not be entitled to a medical certificate unless the absence is for three days or more.

(4) To be entitled to payment in accordance with this clause the employee shall as soon as is reasonably practicable advise the employer of his inability to attend work. Provided that such advice, except in extraordinary circumstances shall be given to the employer within twelve hours of the commencement of absence.

(5) (a) Subject to the provisions of this sub-clause, the provisions of this sub-clause apply to an employee who suffers ill-health or injury during the time when he is absent on annual leave and such an employee may apply for and the employer shall grant paid sick leave in the place of paid annual leave.

(b) Application for replacement shall be made within seven days of resuming work and then only if the worker was confined to his place of residence or a hospital as a result of his personal ill-health or injury for a period of seven consecutive days or more and he produces a certificate from a registered medical practitioner that he was so confined. Provided that the provisions of this paragraph do not relieve the employee of his obligations to advise the employer in accordance with sub-clause (4) of this clause if he is unable to attend for work on the working day following his next annual leave.

(c) Replacement of paid annual leave by paid sick leave shall not exceed the period of paid sick leave to which the employee was entitled at the time he proceeded on annual leave.

(d) Where paid sick leave has been granted by the employer in accordance with paragraphs (a), (b) and (c) of this sub-clause, that portion of the annual leave equivalent to the paid sick leave is hereby replaced by the paid sick leave and the replaced annual leave may be taken at another time mutually agreed upon by the employer and the employee or, failing agreement, shall be added to the worker's next period of annual leave or, if termination occurs before then, be paid for in accordance with the provisions of Clause 10. - Holidays and Annual Leave.

(e) Payment for replaced annual leave shall be at the rate applicable at the time the leave is subsequently taken provided that the annual leave loading prescribed in Clause 10. - Holidays and Annual Leave shall be deemed to have been paid with respect to the replaced annual leave.

(6) The provisions of this clause do not apply to casual workers.

14. – TRAVELLING

(1) For the purposes of this clause, Zone One will be defined as that area bounded by and including Esperance, Kalgoorlie, Geraldton but excluding the Perth Metropolitan area. Zone Two will be defined as that area of the State of Western Australia not covered in Zone One but south of the 26th parallel. Zone Three shall be defined as that area of the State of Western Australia north of the 26th parallel.

(2) Where an employee is engaged to perform work outside the Perth metropolitan area, the employer shall either;

(a) Provide transport

(b) Pay all fares, or

(c) Authorise the employee covered in this Award to use his own vehicle for transport and pay to such employee the following allowance:

(i)Where the performance for which the employee is engaged is situated in Zone One

$11.10 per day or part thereof plus

8.42¢ per kilometre

(ii)Where the performance for which the employee is engaged is situated in Zone Two

$13.43 per day or part thereof plus

8.42¢per kilometre.

(iii)

Where the performance for which the employee is engaged is situated in Zone Three

$16.23 per day or part thereof plus

8.42¢per kilometre.

Provided that no more than four employees will be required to travel in the same vehicle.

(3) Where the work is within a radius of 55 km from the GPO Perth, or from the Post Office of a country town, the payment in sub-clause (2) of this clause shall only be made in respect to the distance 20 km radius from the said GPO or Post Office.

(4) The employer shall pay to each employee a travelling allowance of not less than $5.00 per hour, provided that an employee shall not be required to travel more than 10 hours in any given day.

(5) (a) Fares shall be first class except when travelling by ship when economy fares shall be paid.

(b) Employees when travelling by train at night shall be provided with sleeping accommodation. Where such accommodation is provided, sub-clause (4) hereof will not apply between the hours of 10.00 pm and 7.00 am.

(6) When an employee is engaged at such a distance that he cannot return to his home each night, the employer shall provide board and lodging or shall pay expenses reasonably incurred by the employee for board and lodging.

(7) Where an employee is engaged for a continuous period of thirteen weeks or more in one city or town the employee shall only be entitled to the allowance prescribed in the sub-clause (6) of this clause for the first fourteen days of such period.

(8) Where a suggestion is made by or for an employer or proposed employer to any employee or proposed employee that the latter will be employed by the former in a certain place if such an employee presents

himself there and such person does so present himself and is employed there, such employee shall receive from the employer all provisions, allowances and payments which would be due under this clause to an employee who is situated in the place where such person is when the suggestion is made, and who is definitely engaged by the employer to go from that place and to work in the place where such employee so presents himself and is employed.

15. - TIME AND WAGES RECORD

(1) Each employer shall keep a time and wages record showing the name of each worker, the nature of his employment, the hours worked each day and the wages and allowances paid each week. Any system of automatic recording by means of machines shall be deemed to comply with this provision to the extent of the information recorded.

(2) The time and wages record shall be open for inspection by a duly accredited official of the Union during usual business hours.

Before exercising a power of inspection the representative shall give notice of not less than 24 hours to the employer.

16. - RIGHT OF ENTRY

Consistent with the terms of the Labour Relations Legislation Amendment Act 1997 and S.23(3)(c)(iii) of the Industrial Relations Act a representative of the Union shall not exercise the rights under this clause with respect to entering any part of the premises of the employer unless the employer is the employer, or former employer of a member of the Union.

(1) For the purpose of interviewing on legitimate Union business persons performing on any musical instrument, not more than two duly accredited Union representatives shall at the one time have the right to enter any premises wherein members of the Union or persons in the same calling as such members are performing. While interviewing such performers the Union representatives shall not unreasonably interfere with or delay any performer in carrying out his musical duties. Such representative upon entering the premises shall notify the management of their presence.

(2) Union representatives exercising the right of entry under this clause shall not be required to pay any admission fee to the premises wherein musicians are performing.

17. - NO REDUCTION

Nothing herein contained shall entitle an employer to reduce the remuneration of any employee who at the date of this Award was being paid higher rates than those prescribed by this Award for his or her classification.

18. - REST BREAKS

(1) At the commencement of an engagement the respondent shall inform the musician what breaks are to be taken provided that such musician shall be entitled to a break of not less than ten minutes every two hours.

(2) Where a respondent does not inform a musician under sub-clause (1) above, custom and usage shall prevail.

(3) For the purpose of the two preceding sub-clauses a "break" shall mean and include a period in which an employee shall not be required to perform musical services and shall count as time worked.

19. - PAYMENT OF WAGES

(1) Wages shall be paid weekly except in the case of casual employees who shall be paid on completion of call.

(2) Where an employee's service has been terminated in accordance with this Award, payment of all monies due shall be made at the time the employee ceases employment.

(3) Wages shall not be paid to any person other than the employee entitled to such wages or a person authorised by the employee in writing to collect wages on his behalf. Unless they are paid in accordance with this sub-clause, payment shall be deemed not to have been made to the employee.

20. – PIANO

Where a respondent provides a piano for use by employees under this Award it shall be kept in proper order tuned at a A 440 and open to inspection by a duly accredited official of the Union at a time mutually convenient. Musicians shall not be held responsible for inability to perform or delays in performance occasioned by failure of an employer to comply with this clause.

21. - RECORDING OR TRANSMISSION OF PERFORMANCES

This Award applies only to live and ephemeral performances and no employee shall be required by the employer to allow his performance to be recorded or transmitted by any means whatsoever whether now known or hereafter devised unless the approval of the Union and such employee has been first obtained. The granting of such approval shall be at the absolute discretion of the Union and such employee on such terms and conditions, as may be deemed appropriate. (See also Liberty to Apply.)

22. - LONG SERVICE LEAVE

Employees shall be allowed long service leave according to the provisions published in Volume 65 of the Western Australian Industrial Gazette at pages 1 to 4 inclusive.

  23. - SAFE STORAGE OF INSTRUMENTS

The employer shall make provision for the safe storage of musical instruments provided by employees or shall indemnify such employees against loss arising from damage to or theft of such instruments whilst employees are on the premises of or under the control of the employer provided that such damage or loss does not arise as a result of negligence on the part of the employee.

24. – UNIFORMS

Where an employee is required to wear special uniforms other than evening dress, such uniform shall be supplied by the employer.

25. - LIBERTY TO APPLY

Liberty to apply is reserved for the Union in relation to the following matters:

(1) Amendments to Clause 21. - Recording or Transmission of Performances especially with regard to any matter relating to Performers Protection within the meaning of that term in the I.L.O. Rome Convention of 18 May 1964 in the event that Australian legislation is proclaimed in relation to the subject matter of that convention.

(2) Any matter relating to payment of musicians by "Door Deals" within the industry meaning of that term.

(3) Amendments to Clause 9(3).

(4) Amendments to Clause 12.

 

APPENDIX - RESOLUTION OF DISPUTES REQUIREMENT

(1) This Appendix is inserted into the award/industrial agreement as a result of legislation which came into effect on 16 January 1996 (Industrial Relations Legislation Amendment and Repeal Act 1995) and further varied by legislation which came into effect on 23 May 1997 (Labour Relations Legislation Amendment Act 1997).

(2) Subject to this appendix, and in addition to any current arrangements the following procedures shall apply in connection with questions, disputes or difficulties arising under this award/industrial agreement.

(a) The persons directly involved, or representatives of person/s directly involved, shall discuss the question, dispute or difficulty as soon as is practicable.

(b) (i) If these discussions do not result in a settlement, the question, dispute or difficulty shall be referred to senior management for further discussion.

(ii) Discussions at this level will take place as soon as practicable.

(3) The terms of any agreed settlement should be jointly recorded.

(4) Any settlement reached which is contrary to the terms of this award/industrial agreement shall not have effect unless and until that conflict is resolved to allow for it.

(5) Nothing in this appendix shall be read so as to exclude an organisation party to or bound by the award/industrial agreement from representing its members.

(6) Any question, dispute or difficulty not settled may be referred to the Western Australian Industrial Relations Commission provided that with effect from 22 November 1997 it is required that persons involved in the question, dispute or difficulty shall confer among themselves and make reasonable attempts to resolve questions, disputes or difficulties before taking those matters to the Commission..

SCHEDULE A

LIST OF INDUSTRIES AND RESPONDENTS

HOTELS AND TAVERNS

SHERATON PERTH HOTEL 207 Adelaide TerracePERTH 6000

PARMELIA HILTON INTERNATIONAL Mill StreetPERTH 6000

EL CABALLO BLANCO Great Eastern HighwayWOOROLOO 6558

FEDERAL HOTEL 23 William StreetFREMANTLE 6160

CHATEAU COMMODORE 417 Hay StreetPERTH 6000

ANSETT GATEWAY HOTEL 10 Irwin StreetPERTH 6000

MERLIN HOTELS (AUSTRALIA) 140 St George's TerracePERTH 6000

RAFFLES MOTOR HOTEL PTY LTD Kintail RoadCANNING BRIDGE 6153

MELBOURNE HOTEL 942 Hay StreetPERTH 6000

SAIL AND ANCHOR HOTEL 64 South TerraceFREMANTLE 6160

SEAVIEW TAVERN 282 South TerraceFREMANTLE 6160

BLUE NOTE TAVERN 160 Colin StreetWEST PERTH 6005

WHITE SANDS TAVERN 240 West Coast HighwaySCARBOROUGH 6019

NIGHTCLUBS, RESTAURANTS, CABARETS AND WINEHOUSES

ROMANOS 187 Stirling StreetPERTH 6000

RIVER CRUISE NITE CLUB 230 William StreetPERTH 6000

PINOCCHIO'S NITE CLUB 393 Murray StreetPERTH 6000

JULIANAS SUPPER CLUB Mill StreetPERTH 6000

PLAIN AND FANCY RESTAURANT 85 Stirling StreetPERTH 6000

THE WARDROOM RESTAURANT Barker RoadSUBIACO 6008

CIVIC THEATRE RESTAURANT 380 Beaufort StreetPERTH 6000

MISS MAUD SWEDISH RESTAURANT 97 Murray StreetPERTH 6000

KINGS PARK GARDEN RESTAURANT (1976) PTY LTD

Kings ParkPERTH 6000

HILITE 3333rd Floor44 St George's TerracePERTH 6000

RICCARDO'S 198 Aberdeen StreetNORTHBRIDGE 6000

O'CONNERS WINE HOUSE 1238 Hay StreetWEST PERTH 6005

THE STONED CROW WINE HOUSE 237 Queen Victoria StreetNORTH FREMANTLE 6159

RETAIL STORES AND SHOPPING CENTRES

AHERNS PTY LTD 622 Hay StreetPERTH 6000

BOANS LTD 425 Wellington StreetPERTH 6000

MYER WA STORES LTD 246 Murray StreetPERTH 6000

CAROUSEL SHOPPING CENTRE 1382a Albany HighwayCANNINGTON 6107

SOCIAL CLUBS AND SPORTING CLUBS

WEST PERTH FOOTBALL CLUB (INC)Leederville OvalVincent StreetLEEDERVILLE 6007

PERTH FOOTBALL CLUB (INC) Goddard StreetLATHLAIN PARK 6100

ROYAL PERTH YACHT CLUB OF WA Pelican PointCRAWLEY 6009

MELVILLE GLADES GOLF CLUB (INC) PO Box 115WILLETTON 6155

MOSMAN PARK BOWLING CLUB Bayview TerraceMOSMAN PARK 6012

ALCOA SOCIAL & SPORTING CLUB PO Box 172PINJARRA 6208

FREMANTLE WORKERS' SOCIAL & LEISURE CLUB

5 Henry StreetFREMANTLE 6160

WEDDINGS, DANCES, SOCIALS

HERITAGE ON CHARLES RECEPTION CENTRE

445 Charles StreetNORTH PERTH 6006

PERTH FUNCTION CENTRE 35 James StreetPERTH 6000

WEMBLEY LODGE 202 Cambridge StreetWEMBLEY 6014

CHESTERTON LODGE 298 Mill Point RoadSOUTH PERTH 6151

WRIGHTSON DANCE STUDIO 842a Hay StreetPERTH 6000

SHIPS AND FERRIES

BOAT TORQUENo. 4 JettyBarrack StreetPERTH 6000

SWAN RIVER CRUISESNo. 3 JettyBarrack StreetPERTH 6000

ENTERTAINMENT PROMOTERS, ENTREPRENUERS, AGENTS, BANDLEADERS AND MUSICAL CONTRACTORS

INTERSTA 25 Preston StreetCOMO 6152

INDIAN PACIFIC TOURING CO PTY LTD 231 Adelaide TerracePERTH 6000

OFFBEAT 42 Denis StreetSUBIACO 6008

DAVID FRANCIS WAY (J.T. and the Jazzmen)

45 Hope AvenueMANNING 6152

THEME PARKS

PIONEER WORLD 2 South Western HighwayARMADALE 6112

MUSIC FESTIVALS

THE FESTIVAL OF PERTH C/- University ofWestern Australia

THE WEST AUSTRALIAN FOLK FEDERATION

PO Box 198NORTH PERTH 6006

APPLICANT

WESTERN AUSTRALIAN HOTELS AND HOSPITALITY ASSOCIATION INCORPORATED (UNION OF EMPLOYERS)

APPENDIX - S.49B - INSPECTION OF RECORDS REQUIREMENTS

(1) Where this award, order or industrial agreement empowers a representative of an organisation of employees party to this award, order or industrial agreement to inspect the time and wages records of an employee or former employee, that power shall be exercised subject to the Industrial Relations (General) Regulations 1997 (as may be amended from time to time) and the following:

(a) The employer may refuse the representative access to the records if: -

(i) the employer is of the opinion that access to the records by the representative of the organisation would infringe the privacy of persons who are not members of the organisation; and

(ii) the employer undertakes to produce the records to an Industrial Inspector within 48 hours of being notified of the requirement to inspect by the representative.

(b) The power of inspection may only be exercised by a representative of an organisation of employees authorised for the purpose in accordance with the rules of the organisation.

(c) Before exercising a power of inspection, the representative shall give reasonable notice of not less than 24 hours to an employer.

DATED at Perth this 7th day of October, 1985.

 

V A R I A T I O N R E C O R D

MUSICIANS' GENERAL (STATE) AWARD 1985NO. A 5 OF 1985

Delivered 07/10/85 at 65 WAIG 2054Consolidated at

CLAUSE NO.

EXTENT OF VARIATION

ORDER NO.

OPERATIVE DATE

GAZETTE REFERENCE

1. Title

(1A. State Wage Principles)

Ins. Cl. 1752/91 31/01/92 72 WAIG 191

Cl. & Title 1457/93 24/12/93 74 WAIG 198

(1A. State Wage Principles December 1993)

Cl. & Title 985/94 30/12/94 75 WAIG 23

(1A. Statement of Principles December 1994)

Cl. & Title 1164/95 21/03/96 76 WAIG 911

(1A. Statement of Principles March 1996)

Cl & Title 915/96 7/08/96 76 WAIG 3368

(1A Statement of Principles - August 1996)

Cl & Title 940/97 14/11/97 77 WAIG 3177

(1A. Statement of Principles - November 1997)

Cl. & Title 757/98 12/06/98 78 WAIG 2579

(1A. Statement of Principles - June, 1998)

Del. Cl. & Title 609/99 06/07/99 79 WAIG 1843

1B. Minimum Adult Award Wage

Ins. 1B 940/97 14/11/97 77 WAIG 3177

(2) - (3), (5) rates & txt 609/99 01/08/99 79 WAIG 1843

Cl. 654/00 01/08/00 80 WAIG 3379

Cl. 752/01 01/08/01 81 WAIG 1721

Cl. 797/02 01/08/02 82 WAIG 1369

Cl. 569/03 5/06/03 83 WAIG 1899 & 2462

(9) 1197/03 1/11/03 83 WAIG 3537

Cl. 570/04 4/06/04 84 WAIG 1521

Cl. 576/05 07/07/05 85 WAIG 2083, 2690

Cl. 957/05 07/07/06 86 WAIG 1631 & 2213

Cl. 1/07 01/07/07 87 WAIG 1487 & 2112

Cl. 115/07 01/07/08 88 WAIG 773 &1335

Cl. 1/09 01/10/09 89 WAIG 735 & 1753

Cl. 2/10 01/07/10 90 WAIG 568 & 1185

Cl 2/11 01/07/11 91 WAIG 1008 & 1588

Cl. 2/12 01/07/12 92 WAIG 1352

Cl. 1/13 01/07/13 93 WAIG 1018

Cl. 1/14 01/07/14 94 WAIG 1238

Cl. 1/15 01/07/15 95 WAIG 1205

Cl. 1/16 01/07/16 96 WAIG 1051

2. Term

(Clause 2A.)

Deleted 1940/89 8/9/89 69 WAIG 2913

2A. State Wage Principles – September 1989

Ins.clause 2342/89® 20/09/90 70 WAIG 3710

3. Area and Scope

4. Arrangement

2A Deleted 1940/89 8/9/89 69 WAIG 2913

clause 2342/89(R) 20/09/90 70 WAIG 3710

Ins. 1A 1752/91 31/01/92 72 WAIG 191

1A. Title 1457/93 24/12/93 74 WAIG 198

1A. Title 985/94 30/12/94 75 WAIG 23

1A. Title 1164/95 21/03/96 76 WAIG 911

Ins. App– Res 693/96 16/07/96 76 WAIG 2768

Ins. App– S.49B... 694/96 16/07/96 76 WAIG 2789

1A. Title 915/96 7/08/96 76 WAIG 3368

1A 940/97 14/11/97 77 WAIG 3177

Ins. 1B 940/97 14/11/97 77 WAIG 3177

1A. Title 757/98 12/06/98 78 WAIG 2579

Del. 1A 609/99 06/07/99 79 WAIG 1843

5. Definitions

6. Contract of Service

7. Wages

Clause 2342/89(R) 20/09/90 70 WAIG 3710

Cl. 256/97 02/04/97 77 WAIG 1508

(1)(a) rates, & ins text 940/97 14/11/97 77 WAIG 3177

(1)(A) rates, & ins text 609/99 01/08/99 79 WAIG 1843

Cl. 654/00 01/08/00 80 WAIG 3379

Cl. 752/01 01/08/01 81 WAIG 1721

Cl. 569/03 5/06/03 83 WAIG 1899 & 2462

Cl. 570/04 4/06/04 84 WAIG 1521 & 1938

Cl. 576/05 07/07/05 85 WAIG 2083, 2690

Cl. 957/05 07/07/06 86 WAIG 1631 & 2213

Cl. 1/07 01/07/07 87 WAIG 1487 & 2112

Cl. 115/07 01/07/08 88 WAIG 773 &1335

Cl. 1/09 01/10/09 89 WAIG 735 & 1753

Cl. 2/10 01/07/10 90 WAIG 568 & 1185

Cl 2/11 01/07/11 91 WAIG 1008 & 1588

Cl. 2/12 01/07/12 92 WAIG 1352

Cl. 1/13 01/07/13 93 WAIG 1018

Cl. 1/14 01/07/14 94 WAIG 1238

Cl. 1/15 01/07/15 95 WAIG 1205

Cl. 1/16 01/07/16 96 WAIG 1051

(Edit Note: ASNA calc by ÷ $ ASNA by 18 {6 calls x 3 hours})Award was excised from APPL 2002 SWC General Order (refer Cl. 8 General Order)From 2003 SWC General Order applied ÷ weekly ASNA increase by 18 (hours) and + result to 2nd & 4th columns.

8. Overtime and Special Rates

9. Duration of Calls

10. Allowances

11. Holidays and Annual Leave

12. Bereavement Leave

13. Absence through Sickness

14. Travelling

15. Time and Wages Record

(2) Ins text. 491/98 16/04/98 78 WAIG 1471

16. Right of Entry

Ins. Preamble 2053/1/97 22/11/97 77 WAIG 3138

17. No Reduction

18. Rest Breaks

19. Payment of Wages

20. Piano

21. Recording or Transmission of Performances

22. Long Service Leave

23. Safe Storage of Instruments

24. Uniforms

25. Liberty to Apply

Appendix - Resolution of Disputes Requirement

Ins. App 693/96 16/07/96 76 WAIG 2768

(1),(6), Del. (7) 2053/97 22/11/97 77 WAIG 3079

Schedule 'A' - List of Industries and Respondents

Amend 2342/89(R) 20/09/90 70 WAIG 3710

Appendix - S.49B - Inspection of Records Requirements

Ins. App 694/96 16/07/96 76 WAIG 2789

(1) ins. Text 2053/97 22/11/97 77 WAIG 3138

App. 491/98 16/04/98 78 WAIG 1471